JUDGMENT :

P.T. ASHA, J.

1. The application is filed for condoning the delay of 123 days in representing the Written Statement of the defendant in the above suit.

2. The suit in question has been filed questioning the infringement of Trademark “VARAM” of the plaintiff by using the very same name with an extra ‘M’. The sole defendant in the above suit was served on 13.01.2023. The respondent/plaintiff had obtained an interim order of injunction by orders of this Court dated 11.01.2023 and the interim order was being extended periodically. Ultimately, the interlocutory application for interim injunction was dismissed by orders of this court dated 15.06.2023 and thereafter when the matter was listed on 04.07.2023, the defendant had sought time to bring up the Written Statement.

3. The present application has been filed to condone the delay in representing the Written Statement. In the affidavit that has been filed in support of the said application, the applicant/defendant would contend that the Written Statement had been filed on 08.02.2023 within the period of 30 days from the date of summons. The Written Statement was returned by the Registry for certain compliances and the same was re